Florida, similar to other states and the federal system, has different classes of felonies, which are based on their severity and the potential punishments they carry. The manner in which felonies are classified will depend on the jurisdiction.
The State of Florida has five categories of felonies that are based on their severity, which include:
- Capital Felonies: Punishable by life in prison without parole or death.
- Includes premeditated murder or armed kidnapping.
- Life Felonies: Punishable by life in prison and criminal fines up to $15,000.
- Includes kidnapping, sexual battery, and child molestation.
- First-Degree Felonies: Punishable by up to 30 years in prison and criminal fines of up to $10,000.
- Includes robbery, aggravated robbery, and human trafficking.
- Second-Degree Felonies: Punishable by up to 15 years in prison and criminal fines of up to $10,000.
- Includes DUI manslaughter, aggravated assault, and some drug trafficking charges.
- Third-Degree Felonies: Punishable by up to five years in prison and criminal fines of up to $5,000.
- Includes forgery, grand theft, and possession of certain controlled substances.
There is not an exact similar felony category to the Class B Felony category in Florida. However, the most similar category could be a Second-Degree Felony or a First-Degree Felony.
It may also be helpful to understand the categories of felonies that are used by other jurisdictions and the federal criminal system. Many jurisdictions divide felonies into categories labeled with letters, such as A, B, C, D, and E or numbers, such as 1, 2, 3, and 4.
In these jurisdictions, a Class B felony often carries a potential prison sentence of at least one year and up to 25 years, depending on the location. Examples of Class B felonies often include:
- Certain theft offenses
- Serious drug offenses
- Some forms of assault
- Certain types of fraud
The elements of a Class B Felony charge will depend on the state where an individual lives. Because of this, it is important to consult with a Florida lawyer when facing any felony charge in the state.
Classification of Felonies
As noted above, Florida has its own system of felony classification. It does not follow a numeric or alphabetic system.
A felony criminal offense is more serious than a misdemeanor offense. A felony conviction will usually result in a prison sentence of over one year.
Each state may have different classification systems for felonies and not all will use the same categories. When a jurisdiction does use an alphabetic system, it will typically be the following:
- Class A Felony: Class A felonies are the most severe type of felony and are usually reserved for the most egregious crimes, such as murder, kidnapping, and rape.
- Class A Felonies typically carry a potential sentence of life imprisonment without the possibility of parole or the death penalty.
- Class B Felony: Class B felonies are criminal offenses that include manslaughter, some drug offenses, and some forms of theft.
- Depending on the jurisdiction, Class B Felonies can carry a potential prison sentence of at least one year and up to 25 years.
- Class C Felony: Class C felonies are less serious than Class B felonies and include certain types of fraud, some forms of assault, and certain theft offenses.
- Depending on the jurisdiction, Class C Felonies can carry a potential prison sentence of at least one year and up to 10 years.
- Class D Felony: Class D felonies are the least serious felonies and can include drug offenses, some types of burglary, and some forms of fraud.
- Depending on the location, Class D Felonies may carry a potential prison sentence of at least one year and up to five years.
Whenever an individual is facing felony charges, they should schedule a Florida lawyer consultation to find out about the specific laws and penalties in the state.
Examples of Class B Felonies in Florida
As previously discussed, Florida does not have a Class B Felony category. A similar category in Florida is the Second-Degree Felony, which carries a penalty of up to 15 years in state prison, up to $10,000 in criminal fines, and up to 15 years of probation.
Common examples of Second-Degree Felonies in Florida include:
- Vehicular homicide
- Arson
- Extortion
- Aggravated battery
- Possession of a firearm by a convicted felon
Examples of Class B Felony offenses in jurisdictions that use the classification commonly include:
- First-degree burglary
- Aggravated assault
- Manslaughter
- Robbery
- Some drug offenses, such as possession with intent to distribute
- Fraud or embezzlement
- Kidnapping
- First-degree sexual abuse
- Securities fraud and other white-collar crimes
Penalties for Class B Felony in Florida
As noted above, the State of Florida does not have a Class B Felony category. There are two similar categories in Florida, Second-Degree Felonies and First-Degree Felonies.
A Second-Degree Felony conviction in Florida can result in 15 years in state prison and criminal fines of up to $10,000. A First-Degree Felony conviction in Florida can result in 30 years in prison and criminal fines of up to $10,000.
For jurisdictions that have Class B Felonies, the punishment will vary depending on the offense and the location. A defendant may face incarceration times between one year and 25 years in addition to other criminal fines and penalties. Community services and probation may also be included.
In certain jurisdictions, there may be mandatory minimum sentences for Class B Felony convictions. This means that, if a defendant is convicted of a Class B Felony, they will have to serve a minimum sentence, regardless of any mitigating factors.
Minimum Sentence for Class B Felony in Florida
As previously discussed, there is no Class B Felony category in Florida. However, the minimum punishment for a Second-Degree Felony in Florida can range from probation to a short prison sentence, as no specific minimum is set.
In other jurisdictions, whether or not a Class B Felony has a minimum sentence will depend on the specific offense. If a jurisdiction has a mandatory minimum, it means the defendant has to serve a specific amount of time, regardless of any mitigating factors.
Can I Receive a Harsh Sentence for a Class B Felony in Florida?
A defendant can receive a harsh sentence for any type of felony conviction in Florida, even though there is no Class B Felony category in the state. Felony convictions can result in lengthy prison sentences, substantial fines, and serious impacts on other areas of a defendant’s life, such as difficulty finding employment, losing child custody and visitation rights, obtaining professional licenses, or obtaining financial aid.
Florida also has a Habitual Felony Offender, or three strikes law, that applies to defendants with two or more prior violent felony convictions. This law imposes mandatory, harsher sentences on defendants convicted of multiple qualifying felonies.
What Is an Extenuating Circumstance?
An extenuating circumstance, or mitigating circumstance, is an event or a factor that a court considers when it is deciding a defendant’s punishment that may justify a reduced sentence of a lesser charge, such as:
- The defendant’s age
- Whether the defendant shows remorse
- If the defendant cooperated with law enforcement
- Mental or physical health
- Family circumstances
- History of abuse or trauma
- The amount of premeditation involved
Should I Talk to a Florida Lawyer About a Class B Felony?
If you are facing any type of felony charges in Florida, it is essential to consult with a Florida criminal defense lawyer who can give you support and guidance throughout the case process. Your criminal defense lawyer will also be able to negotiate for a plea bargain and request reduced charges or a reduced sentence.
It is important to get started as soon as possible, finding a defense lawyer who can defend you in court, as a felony conviction can impact nearly all aspects of your life. Take 15 minutes today to fill out the online submission form on the LegalMatch website and get started finding a lawyer in your area of Florida who can help you. The lawyer-client matching services provided by LegalMatch are free, so get started as soon as you can.
